The 2019 “Elder Law in a Day” Seminar: Learn How To Handle Elder Law Issues And Cases Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on January 29, 2020 at the New Jersey Law Center, 1 Constitution.. read more →
Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →
M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first Medicaid application. Benefits were denied due to excess income; that is, her income exceeded the monthly cost of the assisted living facility (ALF) where she resided. She received $6,141.93 per month from an annuity she purchased for $73,673.11 in May.. read more →
N.S., who was 87 years old and residing in a nursing home, submitted an application for Medicaid benefits through his authorized representative, L.P. Prior to his admission to the nursing home, N.S. resided with his wife, D.S., who was 86 years old. For months after the application was filed, the Medicaid caseworker requested additional documents.. read more →
A power of attorney does not have to return money she took from her now deceased principal because the power of attorney removed the money for Medicaid planning purposes. In re Estate of Hirnyk (Pa. Super. Ct., No. 84 WDA 2018, April 16, 2019). Maria Hirnyk, a Ukrainian immigrant, did not drive and required assistance with.. read more →
In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →
A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →
Earlier this month, New Jersey’s Division of Medical Assistance and Health Services (DMAHS), the State Medicaid agency, announced an increase in the penalty divisor from $343.85 to $351.84 per day, or $10,701.80 per month, effective April 1, 2019. This is an increase of only $7.99 per day, a very small increase when compared with prior.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2019 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide the case law update, summarizing the most significant legal developments.. read more →
Question: My mother deeded her house to my sister and me more than seven years ago, meaning that the transfer is beyond Medicaid’s 5-year look-back period and should not affect my mother’s eligibility for Medicaid benefits. My family moved into her home (which is now owned by my sister and me) approximately 4 years ago.. read more →
A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that a Medicaid applicant’s transfer of her house fell under the caretaker child exception and that the applicant’s other transfers were not made in order to qualify for Medicaid. Coko v. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct… read more →
On December 18, 2018, I presented at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Basically, my presentation was an overview of the laws governing Medicaid Planning by Guardians in New Jersey. (I first wrote about the.. read more →
Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →
Kansas’s highest court suspended for six months an attorney who, among other things, charged a couple three times the going rate to qualify for public benefits based upon financial need from the Veterans Administration (VA) and Medicaid. In the Matter of Crandall (Kan., No. 117,910, Nov. 30, 2018). A couple hired David Crandall to update their.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 18, 2018 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the laws governing Medicaid Planning by Guardians in.. read more →
In 2002, J.S., a Medicaid applicant, created an irrevocable trust naming his son K.S. as trustee. Under the terms of the trust, all of the annual net income generated by the trust was to be paid to J.S., while the beneficiaries of the trust corpus was K.S. and his family. The trust gave the trustee.. read more →
If an applicant for Medicaid signed a contract with an assisted living facility agreeing to a pay privately for a period of time, any penalty resulting from a transfer of assets cannot begin until the end of the private pay period, even if the applicant is otherwise eligible for benefits. B.K. v Division of Medical.. read more →
A U.S. district court held that a claim by Medicaid applicants against New Jersey officials for wrongly denying their applications is barred by the Eleventh Amendment because it would require the state to pay retroactive benefits. Radogna v. Connolly (U.S. Dist. Ct., D. N.J., No. 1:16-cv-5477 (NLH/KMW), Aug. 24, 2018). Dominic Rodogna and Solomon Krupka both.. read more →
A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter after the daughter provided two years of free caregiving did not rebut the presumption that a transfer of assets to a relative who previously provided services for free is an uncompensated transfer of assets for Medicaid purposes. E.B. v. Division of.. read more →
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) participated in the New Jersey Institute for Continuing Legal Education’s “2018 Elder Law in a Day” Seminar held on July 11, 2018 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli provided the “Case Law Update: The Year In Review” – a review of the cases decided.. read more →
A.F. was diagnosed with Alzheimer’s disease and osteoarthritis in 2007. She also had difficulty walking. Her husband, T.F., was in failing health, with Parkinson’s disease and COPD, and had other mobility issues. Beginning in 2012, T.F. could not care for A.F. due to his own health problems. T.F. died of lung cancer in 2015. J.F.,.. read more →
Westfield, NJ – June 19, 2018 — Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 2018 Elder Law in a Day Seminar held on July 11, 2018 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli will provide the “Case Law Update: The Year.. read more →
After suffering a stroke and spending a period of time in a rehabilitation facility, A.K. was discharged to her home, where she spent the following two years prior to moving to a long-term care facility. Her daughter lived with her for the two-year period. A.K. attended a therapeutic day care program. The daughter worked outside.. read more →
Elder Law, Estate/Trust Planning and Special Needs Law Firm REVEALED In New YouTube Video … All In 34 Seconds
New YouTube Video about the Law Office of Vanarelli & Li, LLC Vanarelli & Li, LLC is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We provide legal services in the areas of elder law, estate planning, trust administration, special education, trial.. read more →
R.K. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.S. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →
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